Removal of Conditions

For Newly Married Foreign Nationals

Overview: Two years after obtaining lawful permanent residency in the United States, a newly married foreign national spouse must petition the U.S. Citizenship and Immigration Service (USCIS) for the removal of his or her conditions to permanent residency.  No matter what has transpired since the beginning of the permanent residency period, a petition for removal of conditions must be submitted.

Background: As a spouse of a U.S. citizen, a foreign national is eligible to obtain lawful permanent residency in the United States. Since 1986, however, the United States has required that any foreign national who gains permanent residency through marriage will only be given conditional permanent residency if permanent residency is gained within the first two years of marriage.

Conditional permanent residency provides the same benefits as permanent residency, except that two years after obtaining the conditional permanent residency, the foreign national must petition the immigration agency to remove the conditions.  Once the conditions are removed, the foreign national will be granted normal permanent residency.

Joint I-751 Petition

Most often, a couple will file a joint petition to remove the conditions to the foreign national spouse’s permanent residency.  The couple, in submitting the petition, are reaffirming that they entered into their marriage in good faith and that they did not marry solely for immigration purposes.  A couple is also expected to provide documentation of the marriage’s validity.

I-751 Petition Waiver

Unfortunately, life does not always work out the way that a person thinks it will.  Many times a couple will not be together after the initial two years of marriage.  This might be because of the death of a spouse or because the couple divorced.  A couple might also be separated because the marriage became either physically or emotionally abusive.

In such situations, it is still possible for a foreign national to obtain permanent residency if he or she files a waiver petition to remove the conditions to permanent residency.  In waiver petitions, a foreign national must demonstrate that the marriage was entered into in good faith and that the subsequent reason for the couple’s separation occurred.

Removal of Conditions Logistics

If a couple is filing a joint petition to remove the foreign nationals conditions, the couple must submit the petition during the three months immediately preceding the two year anniversary of receiving conditional permanent residency.  The petition is submitted to the USCIS and the couple will eventually be called into the local immigration office for an interview.  Both spouses must attend the interview.  If successful, the foreign national spouse will receive his or her permanent residency card.

If a foreign national is filing a waiver petition, the foreign national may submit the waiver petition at any time.  The foreign national will need to submit the petition to USCIS.

In both a joint petition and a waiver petition, it is necessary to complete all necessary documents and compile all necessary evidence to show USCIS that the foreign national is eligible for the removal of conditions.  The required evidence varies from case to case and it is highly suggested that a New York immigration attorney be consulted before a petition is submitted.